Algemene voorwaarden
Article 1: Definitions
Limited Partnership Ilse Jaques: Established at Ambachtenstraat 33, 8870 Izegem, Belgium, with KBO number BE 0720 971 009 and postal address Ambachtenstraat 33, 8870 Izegem.
Service Provider: Refers to Ilse Jaques in these terms and conditions, performing work for or providing services to the Limited Partnership Ilse Jaques.
Client: The person or entity purchasing services from the Limited Partnership Ilse Jaques.
Agreement: The agreement between the Limited Partnership Ilse Jaques and the Client, of which these general terms and conditions form an integral part.
Service Provision: The services that the Limited Partnership Ilse Jaques, or those working for or providing services to it, deliver to the Client.
Article 2: General
2.1. These general terms and conditions form an integral part of all our offers, contract proposals, registration forms, agreements, and invoices and apply to all our service provisions. In case of contradictions between these general terms and a separate written agreement, the provisions of the separate agreement shall prevail.
2.2. The General Terms and Conditions are provided to the Client before entering into an agreement and are also available on our website [www.ilsejaques.be], where they can be printed, and on the back of our invoices.
2.3. When registering electronically via the website, the Client must open (and be able to print) and accept the General Terms and Conditions by checking a box confirming that they have read and accepted them before completing the registration.
2.4. The Client explicitly declares that, before entering into any commitment with us, they have been informed of these General Terms and Conditions and their implications, and that they have accepted all provisions unless expressly agreed otherwise in writing. This acceptance also implies that the Client fully waives the application of any own general terms and conditions.
2.5. Deviations from these general terms and conditions, even if mentioned on Client documents, are only applicable when confirmed by us in writing.
Article 3: Cancellation of Appointments
3.1. Agreements are deemed to have been established on the day of the Client’s written acceptance/signing of the agreement as provided by Comm.V. Ilse Jaques.
3.2. In case of cancellation by the Client before the start of the (first) service, we reserve the right to either demand full payment of the agreement or compensation of 15% of the total agreement amount.
3.3. If we cancel before the start of the (first) service, we owe the Client compensation of 15% of the total agreement amount.
3.4. Cancellation after the start of the service is not possible.
3.5. If the Client, for any reason, cannot participate in an agreed activity or coaching session, they must notify us as soon as possible. Appointments must be canceled at least 24 hours in advance. In case of late cancellation, we reserve the right to consider the service as rendered and charge it accordingly.
3.6. If we are unable to perform an activity or session due to force majeure (as defined in Article 5), we will contact the Client as soon as possible, and the service will be rescheduled in consultation with the Client.
3.7. In case of force majeure making the service provision impossible, we have no obligation to refund payments for services already provided.
Article 4: Transfer
The services are tailored to and intended for each Client individually. The Client may not transfer the agreed service provision to a third party. Registrations are individual and personal.
Article 5: Force Majeure
5.1. Each party is automatically released and not obliged to fulfill any commitment to the other party in case of force majeure. Force majeure refers to a situation where one party is wholly or partially, temporarily or permanently, prevented from executing the agreement due to circumstances beyond their control.
5.2. Without limitation, force majeure includes: medical emergencies, epidemics and pandemics, technical failures, extreme weather conditions, fire, water damage, strikes, war, riots, electrical, IT, internet, or telecommunications failures, third-party errors, and restrictive government measures beyond the reasonable control of those involved, making the service provision unreasonably burdensome or difficult. This list is not exhaustive.
5.3. In case of force majeure, the Client has no right to compensation from the Limited Partnership Ilse Jaques, regardless of the cause. If force majeure causes an interruption in service execution, the execution term is automatically suspended for the duration of the interruption, plus the time required to resume the service execution, without any obligation of compensation to the Client.
Article 6: Agreement – Price – Payment
6.1. The prices for the services are those listed at the time of registration or agreement and must be increased with VAT.
6.2. The Limited Partnership Ilse Jaques will send an agreement to each Client who registers or requests services.
6.3. The agreement between the parties is established after electronic signing or return of the agreement signed for approval by the Client.
6.4. Unless otherwise agreed in the contract, the Limited Partnership Ilse Jaques will invoice the total agreed amount immediately upon the Client’s written acceptance of the agreement.
6.5. The invoice must be paid no later than 8 days after the invoice date and, in any case, at least one day before the agreed start date of the service.
6.6. If the Client is a consumer as defined by Book VI WER, they have a 15-day right of withdrawal for agreements concluded via the website or remotely. This right must be exercised via an unambiguous statement or the form in Annex 2 of Book VI WER, available at this link. If the service starts within the 15-day withdrawal period, the Client must pay a proportionate amount for what has already been provided at the time of withdrawal. This amount is calculated based on the full agreement.
6.7. If payment is not made on time, we are entitled to suspend the service provision.
6.8. In case of late payment, the Client, if considered a consumer, owes default interest on the unpaid invoice amount at the legal interest rate plus 5%, but not less than 10% per year, for each commenced month. Additionally, the Client owes a fixed compensation of 10% of the unpaid invoice amount, with a minimum of €120.
6.9. If the Client is a business, they owe default interest at the rate specified in Article 5 of the Act on Late Payment in Commercial Transactions, plus 3%, but not less than 10% per year, for each commenced month. The outstanding balance will be increased by a fixed, non-reducible compensation of 10%.
Article 7: Termination
7.1. If the Client unilaterally terminates the service after it has begun, any prepayments will not be refunded.
7.2. If the Client has not yet paid the full agreed amount, they owe the costs for services already provided plus a fixed termination fee of 15% on the agreed but unused services.
Article 8: Liability
8.1. The Client acknowledges that any assignment accepted by the Limited Partnership Ilse Jaques is a best-effort obligation, not a result obligation.
8.2. The Limited Partnership Ilse Jaques excludes all liability unless in cases of intent or gross negligence.
8.3. Liability for indirect and consequential damages, including lost profits, is excluded at all times.
Article 9: Privacy Policy
Our privacy policy applies to the processing of personal data. A copy is available on our website or by request.
Article 10-14: See original text for applicable legal terms.